<div class="chunk-title">Sec. 6-81. - Variances.</div>
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               (a)
               
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               <span class="ital">Approval criteria.</span> Any person desiring to erect or increase the height of any structure, or permit the
               growth of any tree, or use property not in accordance with the regulations prescribed
               in this article, may apply to the administrator for a variance from such regulations.
               The application for a variance shall be accompanied by a determination from the state
               division of aviation or the Federal Aviation Administration as to the effect of the
               proposal on the operation of air navigation facilities and the safe, efficient use
               of navigable airspace. Such variances shall be allowed where it is duly found that
               a literal application or enforcement of the regulations will result in unnecessary
               hardship and the relief granted will:
               
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               (1)
               
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               Not be contrary to the public interest;
               
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               (2)
               
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               Not create a hazard to air navigation;
               
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               (3)
               
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               Do substantial justice; and
               
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               (4)
               
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               Will be in accordance with the spirit of this article.
               
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               (b)
               
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               <span class="ital">Obstruction marking and lighting.</span> Any permit or variance granted may, if such action is deemed advisable to effectuate
               the purpose of this article and is reasonable in the circumstances, be so conditioned
               as to require the owner of the structure or tree in question to install, operate,
               and maintain, at the owner's expense, such markings and lights as may be necessary.
               If deemed proper by the board of adjustment, this condition may be modified to require
               the owner to permit the authority, at its own expense, to install, operate, and maintain
               the necessary markings and lights.
               
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            <p class="historynote0">
               (Ord. No. 131, Â§ 1.07, 2-7-2002)
               
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